The Law of Nations and the United States Constitution by Anthony J. BelliaThe Law of Nations and the United States Constitution by Anthony J. Bellia

The Law of Nations and the United States Constitution

byAnthony J. Bellia, Bradford R. Clark

Hardcover | April 21, 2017

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The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has notinteracted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted - namely, the law merchant, the law of state-state relations, and thelaw maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutionalquestions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations,and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Anthony J. Bellia Jr. is the O'Toole Professor of Constitutional Law and a Concurrent Professor of Political Science at the University of Notre Dame. He specializes in the teaching and research of constitutional law, federal courts, federalism, legal history, procedure, and contracts. He is the founding director of the Notre Dame Progr...
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Title:The Law of Nations and the United States ConstitutionFormat:HardcoverDimensions:320 pages, 9.25 × 6.12 × 0.98 inPublished:April 21, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019984125X

ISBN - 13:9780199841257

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